Cases of Interest.
NST is currently involved in a wide range of matters.
- for companies, shareholders and directors in respect of corporate governance, securities, oppression and/or director/officer liability issues, including derivative actions;
- in major construction disputes:
- in partnership disputes including questions of the existence of partnership;
- in international litigation and international enforcement of judgments;
- in subrogated insurance claims;
- for defendants in class actions;
- for major Canadian financial institutions in various stages of litigation;
- for parties involved in major civil forfeiture proceedings in British Columbia;
- for receivers, debtors and creditors in various insolvency proceedings;
- in various professional negligence and professional regulatory proceedings;
- for parties in the cannabis industry involved in commercial and shareholder disputes;
- for parties in disputes relating to issues involving property division, title, access, and major property and development projects;
- for parties in significant family business and wealth disputes;
- for parties in commercial disputes relating to small pleasure and commercial aircraft;
- in disputes between franchisors and franchisees.
The following are substantial cases of interest in which NST has been involved.
Partners Stephen R. Schachter, Q.C. and Kevin D. Loo, Q.C. were successful before both the British Columbia Supreme Court and Court of Appeal in a dispute between shareholders of a real estate holding company.
Partner Peter R. Senkpiel and associate Heather E. Doi successfully represented the Law Society of British Columbia at the British Columbia Court of Appeal in an important appeal dealing with the definition of “trust funds” under the Law Society’s Rules. The Court of Appeal affirmed a Law Society Tribunal decision that funds received by a lawyer pursuant to fixed or flat fee arrangement for services to be performed are trust funds that must be deposited into a trust account until the services have been performed, unless there is an express agreement with the client.
NST acted for the petitioners in this judicial review of two orders of the General Manager of the Vancouver Board of Parks and Recreation, while defending a petition for an injunction brought by the Park Board. Together with co-counsel at Arvay Finlay LLP, Julia Riddle successfully argued that decisions fundamentally affecting the lives of people who are homeless should not be made without hearing from those persons, and that the court should not condone by injunction the displacement of people who are causing no harm and have nowhere else to go.
NST successfully acted for Metro Vancouver on this appeal from an arbitration award, achieving success at all levels of court, overturning a $2.88 million award made against Metro Vancouver. The Supreme Court of Canada confirmed that Metro Vancouver did not breach any duty of good faith when it made its waste allocation decision in 2011, finding that Metro Vancouver’s decision was consistent with the purposes for which it was given the discretion to make those decisions under the contract. Writing for the majority, Justice Kasirer held that Metro Vancouver had no obligation to put its counterparty, Wastech’s interests ahead of its own, which, implicitly, would be the result if the arbitration award were permitted to stand. Metro Vancouver’s only obligation was to be “loyal” to the contract, and not to Wastech. In the circumstances, Metro Vancouver’s waste allocation was consistent with that obligation.
Concord Pacific Acquisitions Inc. v. Hong Leong Oei, Hong Kong Expo Holdings Ltd. and Canadian Metropolitan Properties Corporation
NST successfully defended a claim in excess of $350 million brought by Concord Pacific Acquisitions Inc. against three named defendants, including renowned Singaporean businessman, Hong Leong Oei. Partners Irwin G. Nathanson, Q.C. and Stephen R. Schachter, Q.C. and associate M. Caitlin Ohama-Darcus argued a 48-day trial before the Honourable Mr. Justice Voith. On July 19, 2019, the Supreme Court of British Columbia released its judgment.